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NELSON v. CITY OF EMPORIA

No. 41,010

185 Kan. 161 (1959)

341 P.2d 977

J.P. NELSON, NELLE STEVENS NELSON, FRED W. FARR, MABEL M. FARR, FRED D. EATON, ALICE M. EATON, DONALD W. GIBSON, DELORES GIBSON, RONALD GIBSON, CARRIE GIBSON, RAMONA GRIMSLEY OWEN, C.A. NICHOLAS, HULDA NICHOLAS, CLARENCE HINRICHS, NORMA HINRICHS, HARRY BAILEY, LEONA E. BAILEY, HUGH W. JONES, EMMA PEARL JONES, T.J. MARLAR, LOUISE MARLAR, GWILYM L. HUGHES, MARY A. HUGHES, HARRY POTTER, CLEO POTTER, FRANK GOLDEN, BERNICE GOLDEN, and MAME HENDERSON, Appellants, v. THE CITY OF EMPORIA, LYON COUNTY, KANSAS, FRANK F. ECKDALL, Mayor of the City of Emporia, Kansas, GEORGE GROH, Commissioner of the City of Emporia, Kansas, GROVER PIPER, Commissioner of the City of Emporia, Kansas, and ROBERT W. CUNNINGHAM, City Manager of the City of Emporia, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1959.

Attorney(s) appearing for the Case

Everett E. Steerman and Elvin D. Perkins, both of Emporia, argued the cause and were on the briefs for the appellants.

Dale A. Spiegel, of Emporia, argued the cause and was on the briefs for the appellees.

Richard Mankin, County Attorney, argued the cause and was on the brief for the Board of County Commissioners, appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action by private landowners to enjoin the city of Emporia and its officials from maintaining a city dump as being in violation of Lyon county zoning regulations. During the course of the trial the county was permitted to intervene as a party defendant. The trial court denied an injunction and plaintiff landowners have appealed.

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